Gujarat High Court
Siraj Mohammed Abdul Rehman Menda @ Bala ... vs State Of Gujarat on 19 June, 2023
R/SCR.A/7092/2023 ORDER DATED: 19/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7092 of 2023
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SIRAJ MOHAMMED ABDUL REHMAN MENDA @ BALA THRO NASIM
SIRAJ MOHAMMED MENDA
Versus
STATE OF GUJARAT
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Appearance:
M S BHADKI(8665) for the Applicant(s) No. 1
MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1
Mr. Hardik Mehta, Addl. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
RULE NOT RECD BACK for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 19/06/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.
2. The present application has been filed by the applicant - convict to release him on parole leave for a period of 30 days on the ground of marriage ceremony of his niece - Samina scheduled on 25.6.2023.
3.0. Heard learned advocate for the applicant and learned Additional Public Prosecutor appearing for the respondent- State. I have gone through the jail record of the convict. It appears from the jail record that the convict was convicted for the offence punishable under Sections 143, 147, 148, 302, 307, 323, 324, 325, 326, 395, 397, 435, 186, 188, 120-B, 149 and 153 A of the Indian Penal Code, 1860 and Sections 141, 150, 151 and 152 of the Railways Act and Section 3 and 4 of the Prevention of Damages to Public Property Act and Section 135(1) Page 1 of 2 Downloaded on : Tue Jun 20 20:44:32 IST 2023 R/SCR.A/7092/2023 ORDER DATED: 19/06/2023 of the Bombay Police Act sentenced to undergo life imprisonment. He has already undergone sentence of about 17 years and 10 months. It further transpires that the convict when released on Parole leave in the month of April, 2023, he has surrendered in time.
4.0. Learned Additional Public Prosecutor has placed on record the report submitted by the Police Sub Inspector, Godhra Railway Police Station and same is taken on record. The fact of marriage of Samina niece of applicant convict fixed on 25.6.2023 is verified. Considering the report and jail remarks, present application seeking parole leave is partly allowed. The applicant - convict is ordered to be released on parole leave from 21.06.2023 to 30.06.2023 on usual terms and conditions. The convict shall surrender to the Jail Authority on completion of the parole leave, without fail. During the period of parole leave, the convict shall not abuse the liberty granted to him and shall maintain law and order. It is made clear that the Notification under Section 268 of Cr.P.C. shall be kept in abeyance during such parole period. Rule is made absolute accordingly. Registry is also directed to communicate this order to jail authority by Fax/Email. Direct service is permitted.
(NISHA M. THAKORE,J) KAUSHIK J. RATHOD Page 2 of 2 Downloaded on : Tue Jun 20 20:44:32 IST 2023